Mark Miller

Senior Attorney

Florida

Mark Miller is a Senior Attorney with Pacific Legal Foundation and manages PLF’s Atlantic Center in Palm Beach Gardens, Florida. In that role he has appeared on CBS This Morning and Fox Business News, and both Fox & Friends and The View have reported on his casesHis written work has been published in the Wall Street Journal, San Francisco Daily Journal, Newark Star-Ledger, Miami Daily Business Review, Stetson Law Review, Florida Bar Journal, and many other publications.

Born and raised in the great state of New Jersey, Mark learned to fight for justice from his two grandfathers, one of whom fought for our country under General George S. Patton in World War II and the other of whom graduated from NYU Law in the early 1920s. They taught Mark to believe in the greatness of our country but also to keep its government honest; that is what he has done throughout his career and does now as a member of the PLF team.

The Florida Bar recognizes Mark as an expert in Appellate Practice, Thomson Reuters lists him as a SuperLawyer, Florida Trend Magazine describes him as a member of Florida’s Legal Elite, and Martindale-Hubbell awarded him its AV-Preeminent rating, its highest rating. He is the Immediate Past President of the Martin County Bar Association, the Florida Bar appointed him to the Board of Directors for Florida Rural Legal Services, Inc., and he is both a James Madison Institute senior fellow and a Federalist Society expert and approved speaker. He also serves on the Board of Directors for the Martin County Legal Aid Society and Florida’s Fourth District Court of Appeal Historical Society.

He attended college and law school at the University of Florida, earning both diplomas with Honors. He elbow clerked for U.S. District Judge Henry Lee Adams, Jr., and Emerson R. Thompson, Jr., of Florida’s Fifth District Court of Appeal. Mark has represented clients before local zoning boards and through every court level up to and including the Supreme Court of the United States. He served as co-counsel and second chair before the High Court in PLF’s two most recent Supreme Court victories: United States Army Corps of Engineers v. Hawkes Co., and Kent Recycling v. United States Army Corps of Engineers.

 

Mark Miller is a Senior Attorney with Pacific Legal Foundation and manages PLF’s Atlantic Center in Palm Beach Gardens, Florida. In that role he has appeared on CBS This Morning and Fox Business News, and both Fox & Friends and The View have reported on his casesHis written work has been published in the Wall Street Journal, San Francisco Daily Journal, Newark Star-Ledger, Miami Daily Business Review, Stetson Law Review, Florida Bar Journal, and many other publications.

Born and raised in the great state of New Jersey, Mark learned to fight for justice from his two grandfathers, one of whom fought for our country under General George S. Patton in World War II and the other of whom graduated from NYU Law in the early 1920s. They taught Mark to believe in the greatness of our country but also to keep its government honest; that is what he has done throughout his career and does now as a member of the PLF team.

The Florida Bar recognizes Mark as an expert in Appellate Practice, Thomson Reuters lists him as a SuperLawyer, Florida Trend Magazine describes him as a member of Florida’s Legal Elite, and Martindale-Hubbell awarded him its AV-Preeminent rating, its highest rating. He is the Immediate Past President of the Martin County Bar Association, the Florida Bar appointed him to the Board of Directors for Florida Rural Legal Services, Inc., and he is both a James Madison Institute senior fellow and a Federalist Society expert and approved speaker. He also serves on the Board of Directors for the Martin County Legal Aid Society and Florida’s Fourth District Court of Appeal Historical Society.

He attended college and law school at the University of Florida, earning both diplomas with Honors. He elbow clerked for U.S. District Judge Henry Lee Adams, Jr., and Emerson R. Thompson, Jr., of Florida’s Fifth District Court of Appeal. Mark has represented clients before local zoning boards and through every court level up to and including the Supreme Court of the United States. He served as co-counsel and second chair before the High Court in PLF’s two most recent Supreme Court victories: United States Army Corps of Engineers v. Hawkes Co., and Kent Recycling v. United States Army Corps of Engineers.

 

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Property Rights

Markle v. U.S. Fish and Wildlife Service

Common sense endangered by “critical habitat” designation of uninhabitable land

The federally-protected dusky gopher frog lives exclusively in a small area of Mississippi, in designated critical habitat. However, the government designated over 1500 acres of privately-owned land in Louisiana as “critical habitat,” even while acknowledging that the frog does not, and cannot, live there.

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Property Rights

Ganson v. City of Marathon, Florida

Florida decides couple’s land is for the birds

The Beyer family owns a 9-acre island off the Florida coast that was reclassified from a general zoning designation to a bird rookery that permitted no use of the property other than temporary camping. Instead of offering compensation for this taking of property, as required by the Fifth Amendment, the city offered the Beyers only transferable development credits toward possible purchase of a limited number of development permits in other locations.

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Personal Liberties

Krause v. School Board of Indian River County, Florida

Florida student teaches school a lesson about free speech

In May of his junior year at Vero Beach High School, J.P. Krause was on the verge of winning the senior class president election when he gave an impromptu campaign speech in his AP U.S. History class, with his teacher’s permission. The 90-second humorous speech skewered some of the tropes of the Trump campaign – “my opponent will raise taxes!” – and contained other satirical remarks. Krause won the election, but then his principal disqualified him from taking office because his speech allegedly “humiliated” the second-place finisher, in violation of the district’s anti-harassment policy. When PLF, representing J.P. and his mother, informed the school district by letter that its actions violated the First Amendment, the district quickly reversed course and reinstated J.P. as senior class president.

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By Mark Miller

Hamilton, the separation of powers, and Constitution Day 2017

Sunday marks the 230th anniversary of the signing of the Constitution of the United States. Pacific Legal Foundation celebrates Constitution Day this year with a column about a Founding Father and signer of the Constitution who now stars in the Broadway hit musical, Hamilton. We also use the opportunity to remind our federal legislators about the importance of the separation of powers outlined in the Constitution. The opinion piece will run in newspapers from coast to coast this weekend.

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By Mark Miller

Does President Trump know that his Administration is blocking an important Michigan road project?

On behalf of its client the Marquette County Road Commission, PLF filed its Reply Brief in Marquette County Road Commission v. EPA.

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By Mark Miller

Free speech at the University of Florida after Charlottesville

How should local public officials, be they police officers, city officials, or university presidents, protect First Amendment free speech rights when the safety of the public is put at risk … ›

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By Mark Miller

PLF’s Markle critical habitat case draws broad amicus support

This week, business groups, associations, think tanks, and government entities all filed “friends of the court” amicus briefs supporting PLF in its high-profile Supreme Court case for property owners’ rights, Markle Interests, … ›

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By Mark Miller

EPA files its brief in important Administrative Law case

When we last blogged about our Marquette County Road Commission v. EPA case, we reported that we had filed our principal brief opposing the government’s efforts to stymie our client’s efforts … ›

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By Mark Miller

PLF files amicus brief in Clean Water Act case

Today Pacific Legal Foundation asked the Ninth Circuit to accept an amicus brief, written on behalf of Mike and Chantell Sackett, as well as John Duarte and Duarte Nursery, supporting the defendant … ›

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